Robert Downey Jr. Bans Hollywood From Creating Digital Replica: I Will Sue
Robert Downey Jr. Refuses to Let Hollywood Create His AI Digital Replica: ‘I Intend to Sue All Future Executives’ Who Recreate My Likeness
Robert Downey Jr. plans to sue any Hollywood executive who signs off on the creation of his digital replica.
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People, your likeness can’t be used by others commercially without your consent, and this goes back way before AI or even computers.
https://en.wikipedia.org/wiki/Personality_rights#United_States
For example:
actor Crispin Glover filed a lawsuit against Universal Studios for both the unauthorized use of his likeness and the use of footage of him from Back to the Future in Back to the Future Part II; his permission had not been sought for the latter and he received no payment. After a motion to dismiss was denied, the case was settled for an undisclosed amount. The Screen Actors Guild changed its rules to prohibit its members from unauthorized mimicking of other SAG members.[51][52]
How’d that work out for Johansson?
Well we don't know, the case is ongoing. But it'll probably go in her favor. Judges currently tend to dislike AI.
the AI piece is kind of irrelevant. the only relevant parts as far as I understand are how much the "image" directly resembles her, and the laws in the specific state (I believe her state of residence, but could be wrong).
Does this mean Elvis impersonators are breaking the law?
If they're not in SAG and/or it's not a SAG-covered field, then no.
It's definitely a SAG-covered field, especially with later-era Elvises.
Impersonators, assuming you're talking about the ones on the street, typically fall under parody and are therefore fair use. Some also do pay licensing fees for their portrayals. Just sort of depends on the situation.
I just meant that they're fat.
Not just Elvis, there are a lot of celebrity impersonators out there. I'm guessing they are legal or traditionally tolerated for some reason. Maybe the fact that it's in-person vs in a film/tv show/ad/print makes it different.